Distance Contract

Distance Contract version No. 1, which entered into force on 03.02.2021.

Subject of the Contract

1.1. Mogotel Hotel Group AS, unified registration number: 40103376919, legal address / actual address: Latgales iela 240–3, Riga, LV-1063, Latvia, telephone number: +371 67259918; e-mail address: reservations@mogotel.com, hereinafter – the Seller, shall provide the Buyer with the possibility of future reservation of hotel accommodation, SPA, restaurant, gym services, hereinafter referred to as the Service

1.2. The provisions of the Distance Contract apply only to the contractual obligations of the Parties established by making a future reservation and prepayment of the Service on the website owned by the Seller www.shop.wellton.com, hereinafter – the Online Point of Sale. The Seller is entitled to regularly improve or supplement the provisions of the Distance Contract. The Seller shall inform the Buyer of any changes by publishing the current version of the Distance Contract on the website www.shop.wellton.com. The version of the Distance Contract applicable to the Buyer is the one in force at the time of making the prepayment.

1.3. The Distance Contract enters into force at the moment of future reservation and prepayment of the selected Service and shall stay valid until the complete fulfilment of the obligations of the Parties.

1.4. For the purpose and performance of the Distance Contract, as well as for the purpose of providing the Buyer with the opportunity to make a future reservation and prepayment of the Service, the Buyer’s personal data shall be processed at the Online Point of Sale. The Buyer’s personal data shall be processed fairly and in accordance with the applicable laws and regulations and the valid Privacy Policy of Mogotel Hotel Group AS.

1.5. By making a future reservation and prepayment of the Service, the Buyer shall confirm that it is a legally capable person, that it has read the Distance Contract, the right to withdraw from it and the Mogotel Hotel Group AS Privacy Policy, and that the Buyer understands and fully agrees with them.

Terms of acquiring the future reservation of the Service

2.1 Procedure for future reservation of the Service:

2.1.1. The operation time of the Online Point of Sale is 24 (twenty four) hours a day, 7 (seven) days a week.

2.1.2. When selecting the Service at the Online Point of Sale and making a prepayment for it, a Voucher in .pdf format shall be sent to the specified e-mail. Upon receipt of the Voucher to the specified e-mail, the Buyer shall be granted the right to exchange the Voucher for the Service at the place of provision of the Service until the end of the term of validity of the Voucher.

2.1.3. The Service shall not be provided at the place of provision of the Service if the Voucher is not presented. Therefore, if the payment has been made but the Voucher is not received in the e-mail specified within 1 (one) day, it is necessary to contact the Seller with no delay by using the contact details specified in Article 3.1.1.

2.2 Voucher payment procedure::

2.2.1 The price of the voucher at the Online Point of Sale is indicated in EUR, including all applicable taxes. The Voucher is sold at the price valid at the time of its purchase at the Online Point of Sale.

2.2.2 After selecting the desired Voucher, by pressing the “Pay” button, it is necessary to make a prepayment with a payment card or Banklink online at the Online Point of Sale.

2.2.3 Following the payment, the Voucher shall be sent to the specified e-mail address in .pdf format.

2.2.4 The validity period of the Voucher is 1 (one) year from the moment of purchase. Within the said term, the Buyer has the right to exchange the Voucher for the Service, observing the terms specified in the Voucher and the information on the Service. If the Buyer does not exercise the said right within the specified term, the Buyer shall lose the right to exchange the Voucher for the Service. In this case, the Seller has the right to keep the paid funds.

Procedure for receiving the Service

3.1. The Voucher indicates the name of the Service, its detailed description, the place of provision of the Service and the validity period of the Voucher.

3.1.1. Services shall be provided in the following hotels:

3.1.1.1. WELLTON Riverside SPA Hotel, located at 11. novembra krastmala 33, Riga, LV-1050, tel. + 371-67869950, email: info.riverside@wellton.com.

3.1.1.2. WELLTON CENTRUM Hotel & SPA, located at Kalēju iela 33, Riga, LV-1050, tel. + 371-67130670, email: info.centrum@wellton.com.

3.1.1.3. WELLTON RIGA Hotel & SPA, located at Vaļņu iela 49, Riga, LV-1050, tel. + 371-67869950, email: info.riga@wellton.com.

3.2. In order to apply for the Service, it is necessary to make a service reservation in accordance with the validity period specified in the Voucher by using the provided contact telephone number of the respective hotel. When the reservation is made, its confirmation shall be sent to the e-mail address provided to be presented with the Voucher upon arrival at the Hotel and/or SPA and/or restaurant and/or gym.

3.3. The Buyer is entitled to transfer the Voucher to third parties if the Buyer wants the third party to exercise the right to exchange the Voucher for the Service.

Buyer’s right to withdraw from the Distance Contract

4.1. The right to withdraw from the Distance Contract, and thus to exercise the right of withdrawal, belongs to the Buyer, who is a consumer – a natural person who has purchased the Service for a purpose that is not related to their commercial or professional activity.

4.3. In the event of withdrawal the Seller shall refund the money paid for the future reservation of the Service without undue delay and in any case no later than within 14 days from the date of receipt of the duly executed Withdrawal Form.

4.4. The Buyer may not exercise the right of cancellation and withdraw from the Distance Contract in the following cases:

4.4.1 The issued Voucher has expired.

4.4.2 Within the term of the right of withdrawal, the provision of the Service has been started with the express consent and/or explicit affirmative action of the Buyer.

4.4.3 Within the term of the right of withdrawal, the provision of the Service has been completed, therefore the Buyer cannot refuse the fully provided service.

On out-of-court dispute resolution options

5.1. In the event the Buyer has claims regarding the performance of the Distance Contract and/or the right to withdraw from it, the Seller shall propose to resolve the claims on the way of negotiations, by calling +371 27008976 and/or writing to the e-mail reservations@mogotel.com.

5.2. In the event the Buyer, who is a consumer, does not agree with the Seller’s response, the Seller shall propose to use the Online Dispute Resolution platform of the European Union to submit the complaint. This platform is designed to enable the consumer and the seller to settle disputes between businesses and consumers in the EU, Norway, Iceland, and Liechtenstein out of court in connection with the distance purchase of goods and services by mutual agreement.
(https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=LV)

5.3. In the event the Parties cannot resolve the dispute through negotiations, any dispute, disagreement or claim arising from the Distance Contract, affecting it or its violation, termination or invalidity, shall be settled in a court of general jurisdiction of the Republic of Latvia in accordance with the laws of the Republic of Latvia.

Other

6.1. If access to the Online Point of Sale or placing an order at the Online Point of Sale is not possible or is hindered for technical reasons or the ones beyond the Seller’s control, the Seller shall not be liable for any losses of the Buyer or third parties.

Disclaimer

1) Consumer Rights Protection Law ( https://likumi.lv/ta/en/en/id/23309).

2) Cabinet of Ministers Regulation No. 255 of 20 May 2014 “Regulations Regarding Distance Contracts” (https://likumi.lv/ta/en/en/id/266462)